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Question Nos. 19 and 20 are based on the following facts: Helen has been practicing law for two years.  Helen represents Pat in her first medical malpractice case against Dr. Euphoria.  She spends almost no time preparing the case, and her research and trial work fall far below the standard of care for lawyers in her area.  The jury finds against Pat, i.e., defense verdict in favor of Dr. Euphoria.  Pat subsequently files a complaint against Helen with the State Bar, and also sues Helen for legal malpractice. 20. In Pat’s legal malpractice suit against Helen, Helen refuses to answer questions about confidential communications with Pat during the suit against Dr. Euphoria.  Helen’s refusal is:  

8.  A recent law school graduate, Billy, who passed the bar, sets up his own solo practice.  Billy hopes to develop a successful practice, but until the first settlement checks start coming in, he works as a bartender five nights a week.  Sometimes patrons at the bar that he works at are quite drunk, so he charges additional drinks (which were not ordered by the patron) to the tab – resulting in a substantially higher tip for Billy.  Is Billy subject to discipline by the bar?

PART II: ESSAYS (TWO HOURS)31. Essay 1 (1/3 of Exam Grade) – Answer according to both the American Bar Association Model Rules of Professional Conduct and California authorities Paul is a general practitioner with his own law firm.  Paul has been very busy, so he decides to hire an associate, Al, a former deputy district attorney.  One of Paul’s clients is Cal.  Cal is charged with the brutal murder of the city’s mayor (an apparently violent death as a result of blunt force trauma to the head), but police have never been able to find the murder weapon.  Prior to trial, Paul met with Cal in jail.  Cal told Paul the following: “If somebody was to take a stroll in the City Park, and then go behind the women’s public restroom, that person may be able to find a baseball bat.”  On his way home from the jail, Paul stops by the City Park.  He proceeded to walk toward the back of the women’s public restroom, where he found a baseball bat buried under a pile of leaves.  There were some red stains on the baseball bat.  Paul saw a group of children playing in the nearby baseball field, so cleaned the baseball bat and gave it to one of the kids.   While Paul was handling Cal’s murder trial, he assigned all of the civil litigation cases in his office (one hundred total) to Al.  Due to the volume of the civil litigation cases, Al fails to file an answer to a complaint on time, and default judgment is entered against Paul’s client.  Since Al was inundated with all of the civil litigation cases, he [Al] forgot to tell Paul that he was the lead deputy district attorney assigned to the murder investigation of the mayor prior to joining Paul’s law firm.  At the conclusion of Cal’s murder trial, Paul tells the jury in his closing statement that they must acquit Cal of the murder charges because the prosecution has not proven that Cal murdered the mayor, and that the prosecution could not even produce the purported murder weapon.     Are Paul and/or Al subject to discipline?  Discuss.

5. A client hired a lawyer to do the legal work in connection with a trusts and estate matter.  The lawyer agreed to do the work for a set hourly fee.  The lawyer did a great deal of legal research, prepared numerous memoranda of fact and law, and drafted most of the documents needed for setting up a trust.  At that point, the client became angry with the lawyer for no apparent reason and fired him.  The client paid the lawyer at the agreed upon rate for the work the lawyer had done and demanded that the lawyer turn over to him the papers that the lawyer had prepared, including the memoranda of fact and law and the document drafts. What papers must the lawyer turn over to the client?

10. Shaili is a young and busy litigator.  She has three upcoming trials, and a number of other cases which involve a lot of discovery, including, depositions, written discovery, and review of records obtained through subpoenas.  For the past 2 years, she has only been able to perform 6 hours of pro bono work.  Shaili is:

3. Pop is among the wealthiest men in New York society. When his son was arrested for selling illegal drugs to his prep school classmates, Pop sought the legal services of the prestigious old firm of Dewey, Cheatem & Howe (“Dewey”). The Dewey firm practices almost nothing but securities and banking law. For which of the following reasons may the Dewey firm decline employment in the case? I. That Pop is not among the firm’s regular clients. II. That the firm is not experienced in criminal litigation. III. That Pop can obtain better service at lower fees from lawyers with more experience in criminal litigation. IV. That the firm does not want to take time away from its regular work for a matter such as this one.

A nurse is assessing a patient for signs of jaundice.  Which of the following findings would most likely indicate the presence of jaundice?

The nuclear division that creates haploid cells from diploid cells is called mitosis.

During an initial health history, a client states, “I haven’t slept in weeks”. The nurse responds, “You are saying that you have not had any sleep in weeks?” What communication technique is the nurse using to obtain accurate subjective data from the client?

The function of the tumor suppressor gene is to